The car was parked in the community, not the parking space, and it was hit. The man who hit me came down to watch the car, got off and drove away. Whose responsibility is it?

Traffic accidents in closed communities do not belong to road traffic accidents, but cross-country accidents can be identified with reference to the handling of road traffic accidents. However, it is impossible to punish any road traffic violations. So there are no traffic accidents and escape violations. Mediation is applicable to civil disputes whose essence is accidental damage to other people's property. During the mediation period, it shall be agreed in writing. After negotiation, Party A voluntarily pays Party B the vehicle maintenance fee and its loss fee of RMB.

Legal analysis

A traffic accident refers to an incident in which a vehicle causes personal injury or property loss due to a fault or accident on the road. For off-road traffic accidents in different places, there are regional differences due to different police mechanism, and some areas have police stations to deal with them. In some areas, depending on the consequences, both sides can handle it. So there is interference. When an accident occurs when a vehicle passes outside the road, the traffic administrative department of the public security organ shall handle it with reference to the relevant provisions of this law. That is to say, if it is a traffic accident, whether it is a road or not, even if it happens outside the road, it should be accepted by the public security organ with reference to the road traffic safety law, implementation regulations and handling procedures, and the public security organ will investigate and collect evidence and issue a letter of confirmation. If there is no road outside, you can refer to the Regulations on Accident Handling Procedures. The reason why it is clear in law is that it is afraid of some prevarication. The traffic police said it was not the road and the police station handled it. The police station said that the traffic accident was not handled by the police station. Even if an accident occurs on a non-road road, the parties still need a non-road accident liability certificate or an accident certificate to make insurance claims, and this part of rights and interests should be guaranteed. Although the police mechanism varies from place to place, some police stations may handle accidents in the community by region, some by traffic police departments, and some by consequences, but as a party, there must always be a public security organ to deal with them, and the public security organ that receives the alarm shall not shirk. Of course, there is an escape plot inside the community. Otherwise, something happened in the community, whether it was a car accident or someone was injured, drunk driving or unlicensed, and ran away. If you don't find a party, it's just a civil compensation dispute, and there is no legal responsibility. This is obviously a fallacy. Of course, if a non-road traffic accident leads to one person's death, it is generally not according to the crime of traffic accident but according to the situation of negligent death. But this part is criminal responsibility, not accident characterization or administrative punishment.

legal ground

Article 48 of the Provisions on Procedures for Handling Illegal Acts of Road Traffic Safety, when making a punishment decision by applying general procedures, two or more traffic policemen shall follow the following procedures: (1) Investigate illegal facts, ask the parties about the basic situation of illegal acts, and make a record; If the parties refuse to accept the inquiry, sign or seal, the traffic police shall indicate it on the inquiry record; (2) Informing the parties of the facts, reasons and basis for the administrative punishment to be imposed in written form or written record, and informing them of their rights according to law; (three) review the statements and arguments of the parties, and indicate the results of the review in the record; (4) Making a written decision on administrative punishment; (5) The written decision on administrative punishment shall be signed by the punished person and stamped with the seal of the traffic management department of the public security organ; If the punished person refuses to sign, the traffic police shall indicate it in the penalty decision; (6) The written decision on administrative punishment shall be delivered to the punished person on the spot; If the person who is punished refuses to accept it, the traffic police shall indicate it in the penalty decision, which shall be deemed to have been served; If the punished person is not present, it shall be served in accordance with the relevant provisions of the public security organ for handling administrative cases.